Holmes Beach land-use changes: Yes and yes

By Rick Catlin. Islander Reporter

Holmes Beach city commissioners at their Jan. 10 meeting agreed that
a discrepancy between the city’s 1989 future land use map and the
zoning between the Anna Maria Elementary School and the former Moreland
Marine should be corrected to favor the type of structures that exist
there.

City planner
Bill Brisson noted that of the 32 dwellings in the
affected area between AME and the former marina, 25
are duplexes, yet the FLUM calls for low-density residential
while the zoning code allows duplexes.

"There
is a conflict" between the city codes and the
1989 FLUM, Brisson pointed out, a conflict that recently
surfaced when a number of duplex owners in the area
wanted to rebuild their units, but were prevented by
the comprehensive plan.

In Brisson’s
view, the "intent" of the 1989 comprehensive
plan was to allow duplexes in this area, but somehow
an error was made. He told the commission they could
either change the zoning to R-1 or institute an amendment
to the comprehensive plan to change the FLUM for this
area to medium-density residential to make the existing
duplexes legal and conforming.

Presently, duplex
owners in the affected area are prevented from rebuilding
their duplexes by the comprehensive plan.

Amending the
comprehensive plan would allow the older duplexes to
be rebuilt, resulting in nicer units, said Brisson,
but the downside could be more expensive rentals and
a reduction in affordable housing in the city. The
city, however, must correct the error, he said.

Commissioners
agreed that because the vast majority of structures
are already duplexes, it would be a "hardship" to
deny those owners the right to rebuild.

Commissioner
Roger Lutz, however, was concerned that a major developer
was behind the initiative.

"Is there
a secret guy out there with a plan?" he asked.

Brisson said
he was not aware of any single individual, but several
owners had asked the building department for a permit
to rebuild their duplex, but had been denied because
of the comprehensive plan.

While he was
still suspicious of a major developer attempting to
corner the condo market, Lutz said that it would "not
be equitable" to keep the area low density residential.

The commission
agreed to proceed with a public hearing on the proposed
FLUM amendment.

Commissioners
were also inclined to favor a request by Brisson to
change the zoning of an area known as Sportsman’s
Harbor from medium-density residential to low-density
residential to make that area "consistent" with
the current land-use designation.

Brisson told
the commission that of the 58 units in Sportsman’s
Harbor, 19 are duplexes and the remainder are single-family
residences. Of the 19 duplexes, however, only seven
are on lots large enough to be considered "conforming" under
the current city code.

Attorney Scott
Rudacille, representing the seven duplex owners whose
lots meet the code, requested that the commission consider
the fate of the seven duplexes that are conforming.
While those seven properties are now conforming, should
the commission change the zoning, it would make those
lots nonconforming and restrict the owners from rebuilding
their structures.

The commission
did discuss the possibility of "exceptions" to
low-density zoning for the existing duplexes in Sportsman’s
Harbor, but ultimately agreed to pursue a zoning change
with no exceptions. Commission Chairperson Rich Bohnenberger
said the commission would discuss the issue further
at its Jan. 24 workshop session before scheduling a
public hearing on the change.

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